Bid bond

Bid bond

We are informed by APM TERMINALS that they are submitting an offer to you for the supply of under the Tender and in this connection they have requested us to issue our Guarantee.

        In consideration of your permitting the Tenderer to participate in the aforesaid Tender, we, Banco de Credito del Peru., hereby irrevocably undertake to pay to you the sum of $ 150,000.00 despite any objection by the Tenderer upon receipt by us of your first demand in writing provided that such demand contains your certification that the Tenderer has failed to fulfil its obligations under the Tender and that the sum demanded is accordingly due and payable under this Guarantee. The signatures to such demand must be authenticated by your bankers. Such demand shall be accepted by us as conclusive evidence that the sum claimed is due under this Guarantee.

Always provided that:

Our liability is limited to a maximum aggregate total amount not exceeding inclusive of any costs, expenses and taxes.

Our Guarantee will expire on 15 years. Any claims hereunder must be lodged with us at 3240 Aviacion Avenue, San Borja, Lima Peru, when our Guarantee will become of no effect whether returned to us or not.

You are not entitled to rank in any insolvency of the Seller prior to any claim of Banco de Credito del Peru  for any payment made to you under this Guarantee.

The rights and benefits arising hereunder are personal to you and may not be assigned or transferred to any third party.

This Guarantee shall be governed by and construed in accordance with the law of Peru and you agree to submit to the exclusive jurisdiction of the Courts of Peru.

When the guarantee expires, please return this document to us.

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